Violet

[Violet]

I am trying to research and obtain information in reference to a clear an unmistakable claim for my back.  When i went into the military it was diagnosed that i had adolescent scoliosis.  I had to sign a wavier and was very athletic and did not have a problem doing physical activities until a incident in basic training.  My Drill Sergeant placed his foot on my back and stomped on my back while during PT, because he said my push ups looked like S****. i had never had any issues with training but had witnessed him and a PVT during fireguard in a very compromising position.  It is my belief that was his way to intimidate me.  I started having problems and years later am still having issues.

I filed for disability and was denied.  i found someone who had witness the incident during PT and she signed a certified statement that i submitted.  i previously had a C&P that took all of 15 minutes yet it was a 60 page write up.  I went to a doctor had a MRI and had a DBQ done.  The doctor said that the issues that i was having was directly related to the incident.  I have radiculopathy, degenerative disc disease, neuritis, muscle arthrophy, lower back pain and sciatica.  

How could i find a VA training letter in reference to back issues that would outline what they look for.  

Any assistance would be greatly appreciated.

[broncovet]

Well, the VA does have "fast letters" but only for some issues, and I know of no fast letters in regard to back issues.  

As always, you need 3 Caluza elements for your claim to succed (get service connection):

1.  Current diagnosis

2.  In service event or aggravation.  Your buddy letter as a witness to the event(s) may help here.

3.  Nexus or doc opinion that your diagnosis is at least as likely as not due to x event in military service.  

[doc25]

7 hours ago, Violet said:

I am trying to research and obtain information in reference to a clear an unmistakable claim for my back.  When i went into the military it was diagnosed that i had adolescent scoliosis.  I had to sign a wavier and was very athletic and did not have a problem doing physical activities until a incident in basic training.  My Drill Sergeant placed his foot on my back and stomped on my back while during PT, because he said my push ups looked like S****. i had never had any issues with training but had witnessed him and a PVT during fireguard in a very compromising position.  It is my belief that was his way to intimidate me.  I started having problems and years later am still having issues.

I filed for disability and was denied.  i found someone who had witness the incident during PT and she signed a certified statement that i submitted.  i previously had a C&P that took all of 15 minutes yet it was a 60 page write up.  I went to a doctor had a MRI and had a DBQ done.  The doctor said that the issues that i was having was directly related to the incident.  I have radiculopathy, degenerative disc disease, neuritis, muscle arthrophy, lower back pain and sciatica.  

How could i find a VA training letter in reference to back issues that would outline what they look for.  

Any assistance would be greatly appreciated.

1. When was your C&P exam for your back administered? 

2. Where was your C&P exam conducted? At a VA or a contracter?

3. Did the doctor state the minimum threshold to substantiate a granted decision of " at least as likely as not" (equal to or greater than 50% probability) the veteran's back condition is due to or the direct result of the incident in-service?

 

[Violet]

I did it in 2015. it was at a contractor.  No he related every thing to my scoliosis that was mild.  i have been continuously treated for my back and prior to the incident in basic i had never been treated for any back issues.  Let me give  you some background. While in Basic a fellow soldier hurt her leg on a road march.  our Drill Sergeant told her to suck it up and drive on. He began to taunt her and humiliate her.  We had to help her carry her rucksack while others in the back of the platoon helped her walk.  After a while she couldn't go on and had to fallout. 

She was later admitted to Moncrief hospital as a result of the injury.  Three or four days later she died as a result of the injury.  He was not only verbally abusive but physically abusive.  So when he stomped on my back. I was terrified to go to the hospital and report him due to what had happened to Robbie.  Eventually i went after the pain became to much but just got treated.  My battle buddy and a few other soldiers that were around at the time of the incident told me to report him. Everyone knew he was messing with PVT Delora but i had physically caught them.  So i was in jeopardy as a result and he harassed me in an effort to intimidate me.  

I had a DBQ done by a private physician last year. 2018. I am not able to sweep and mop my floors as a result of the pain.  I am sometimes down 2 weeks at a time and have been told by both the private physician and the VA that my back is bad.  The VA did an MRI and the doctor said yes i have scoliosis, but i have degenerative disc disease, radiculopathy, bone spurs to name the a few.

The private Dr. said that Degenerative Disc Disease is a condition that occurs over 20 years from an incident and what happen to me in the military is a direct result.  She provided me a case study and her diagnosis.  In hers she stated that it is "at least likely as not" equal to or grater than 50% probability) the veteran's back condition is due to or the direct result of the incident in-service.

VA sent me to a pain management Dr.  yesterday and he said your scoliosis isn't that bad but your back is bad you have slipped disc, and the other stuff the private doctor said.  I was never given a thorough exam from the contractor and he should have requested test to ensure that he had a better picture because conveniently he's the only Dr. that could not find anything. 

[broncovet]

Well, you posted a nexus, which is number 3, in my post, above.  Now, you need to also make sure items 1 and 2 are documented, and you are good to go.  

Do you have the "in service event" (you said the DI stepped on your back) documented??  Its not enough that it happened, it has to be documented in your records.  

Lay evidence can verify the event.  In other words, if you could get a buddy letter from someone who witnessed the event, that should suffice.  

Or, it would also work if you went to the doc, in service, complaining of your back..  Finally, was this injury documented on your exit from service exam??  

Of course, you will also need a medical diagnosis.  

I did not make up the Caluza elements.  If you get them, you should get Service connected.  If you lack one or more of the Caluza elements, then expect the denial to be upheld in any appeals.  

My suggestion is to file a NOD, on the correct form, disputing the denial (if the denial was within a year) . Then make sure you have all caluza elements documented.